Debra Coito, Petitioner v. the Superior Court of Stanislaus County, Respondent; State of California, Real Party In…

Summary

The court held that witness statements obtained through attorney-directed interviews are, as a matter of law, entitled to at least qualified work product protection, but may receive absolute protection if disclosure would reveal counsel’s mental impressions or litigation strategy. Information identifying witnesses from whom counsel obtained statements is not automatically protected; the objecting party must make a foundational showing that disclosure would reveal counsel’s tactics or evaluation or allow opposing counsel to take undue advantage of counsel’s efforts. The court reversed the Court of Appeal and remanded for the trial court to determine whether the disputed materials should be produced.